论建立我国的沉默权制度

沉默权是犯罪嫌疑人、被告人所享有的一项重要的诉讼权利 ,是一个国家诉讼民主、文明程度的标志。联合国的刑事司法准则把沉默权作为刑事司法的最低限度的保障之一。为顺应国际刑事诉讼发展的大趋势 ,在我国的刑事诉讼法中确立沉默权制度 ,要明确规定犯罪嫌疑人、被告人享有沉默权 ,制定鼓励陈述的措施 ,建立非自愿陈述的排除规则 ,建立特定案件沉默权例外的制度。

On the Establishment of Chinese System of Right of Silence

As one of important litigious rights of the suspect and defendant, the right of silence is considered as a symbol that marks the procedural democracy and the level of civilization of a nation. Since the right of silence has been listed in one of the basic safeguards of criminal justice in the UN Code of Criminal Justice, it is necessary to introduce such a right into Chinese Criminal Procedure Law. Based on this consideration, this author gives some ideas as to how to establish the right of silence system in China, e.g., explicitly stipulating that the suspect and defendant have the right to silence; taking some measures that encourage the suspect and defendant to confess; launching an exclusion rule to involuntary confession; establishing exception system of the right of silence in some special cases, etc..